- (1.) This is an appeal under Section 30 of the Workmen's Compensation Act against an order of the Additional Commissioner dated June 2, 1970, dismissing the claim of the Appellant.
(2.) The Appellant was an employee at the Kulti workshop of the Respondent as miller. He was injured in a football match while participating with leave of the Respondent during working hours for taking part in a football tournament conducted by the Respondents The football ground was within the precincts of the Respondent reached from the workshop by road belonging to the Respondent. The Appellant while playing the said football match in the inter-departmental tournament of the Respondent was involved in an accident and got injured in the wrist of his left hand on July 24, 1964. Consequently, the Appellant on June 24, 1966, filed an application claiming compensation for sustaining permanent partial disability due to accident arising out and in course of the Appellant's employment.
(3.) The Respondent filed written statement, but the matter was heard ex parte on November 10, 1967 and a judgment in favour of the Appellant allowing Rs. 1,260 as compensation which was assessed on the basis of 10% loss of earning capacity. Thereafter, on January 10, 1968, the Respondent made an application before the Additional Commissioner for setting aside the ex parte judgment and the order dated November 27, 1967, on various grounds. By a judgment and order dated March 4, 1968, the Additional Commissioner set aside the ex parte order dated November 27, 1967 and restored the claim case of the Appellant.;